... DEP needed to intervene. In the interim, the Legislature enacted N.J.S.A. 13:1E-99.28a, allowing the expanded use of recycled asphalt payment, subject to ... engineering supervisor from the DEP's Division 6 Defendants concede N.J.S.A. 13:1E-99.28a was not given retroactive effect. A-1956-21 9 of ...